2013 :  Mah.  XX]

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XX  OF  2013.

THE  MAHARASHTRA  UNAUTHORIZED  INSTITUTIONS
AND UNAUTHORIZED  COURSES OF  STUDY
IN  AGRICULTURE,  ANIMAL  AND  FISHERY  SCIENCES,
HEALTH  SCIENCES,  HIGHER,  TECHNICAL  AND
VOCATIONAL  EDUCATION  (PROHIBITION) ACT,  2013.

(As  modified  upto  the  3rd  March  2015)

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND PUBLISHED
BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
MAHARASHTRA STATE,  MUMBAI 400  004.

2015

[ Price : Rs.  15.00 ]

2013 :  Mah.  XX]

(i)

THE MAHARASHTRA UNAUTHORIZED

INSTITUTIONS AND UNAUTHORIZED COURSES

OF STUDY IN AGRICULTURE, ANIMAL AND

FISHERY SCIENCES, HEALTH SCIENCES, HIGHER,

TECHNICAL AND VOCATIONAL EDUCATION

(PROHIBITION) ACT, 2013.

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER I

PRELIMINARY

1. Short title and commencement.

2. Definitions.

CHAPTER II

PROHIBITION OF ESTABLISHMENT OF UNAUTHORIZED INSTITUTIONS AND
INTRODUCING UNAUTHORIZED COURSES.

3. Prohibition of establishment of unauthorized institutions and

introducing unauthorized courses.

4. Prohibition regarding certain Advertisements.

CHAPTER III

AUTHORITIES.

5. Competent Authority.

6. Powers and functions of Competent Authority.

7. Appellate Authority.

8. Appeals.

CHAPTER IV

OFFENCES AND PENALTIES

9. Offences.

10. Punishments.

11. Offences by Companies.

CHAPTER V

MISCELLANEOUS

12. Competent Authority and Appellate Authority to have

powers of Civil Court.

13. Code for advertising of Educational Institutions or

programmes or courses of Study.

14. Recovery of penalty as arrear of land revenue.

H  4047—1

(ii)

[2013 :  Mah.  XX

15. Saving in respect of certificate courses.

16. Protection of action taken in good faith.

17. Competent Authority, etc., to be public servants.

18. Power  to  make  rules.

19. Act to be in addition to and not in derogation of any other

law.

20. Power to remove difficulty.

21. Repeal of Mah. Ord. XIII of 2013 and saving.

2013 : Mah. XX]

The  Maharashtra  Unauthorized  Institution  and
Unauthorized  Courses  of  Study  in  Agriculture,
Animal  and  Fishery  Sciences,  Health  Sciences,  Higher,
Technical  and  Vocational  Education  (Prohibition)  Act,  2013

1

MAHARASHTRA  ACT  No.  XX  OF  20131.

THE MAHARASHTRA UNAUTHORIZED INSTITUTION AND
UNAUTHORIZED COURSES OF STUDY IN AGRICULTURE,
ANIMAL AND FISHERY SCIENCES, HEALTH SCIENCES,
HIGHER, TECHNICAL AND VOCATIONAL EDUCATION
(PROHIBITION) ACT, 2013
(This Act received the assent of the Governor
on the 21st August 2013 ; assent first published in the
“Maharashtra Government Gazette”, Part IV,
on the 21st August 2013.)

An Act to provide for prohibition of establishment of
unauthorized institutions and introduction of unauthorized
courses of study in Agriculture,
Animal and Fishery Sciences, Health Sciences,
Higher, Technical and Vocational Education in the State of
Maharashtra and for matters
connected therewith or incidental thereto.

WHEREAS it was expedient to provide for effectively prohibiting and
dealing    with  persons  establishing  unauthorized  institutions  and
introducing or conducting unauthorized courses of study in Agriculture,
Animal and Fishery Sciences, Health Sciences, Higher, Technical and
Vocational  Education  in  the  State  of  Maharashtra  and  for  matters
connected therewith or incidental thereto ;

AND WHEREAS both Houses of the State Legislature were not in

session;

AND WHEREAS the Governor of Maharashtra  was satisfied   that
circumstances  existed  which  rendered  it  necessary  for  him  to  take
immediate  action  to  make  a  law,  for  the  purposes  aforesaid,  and,
therefore, promulgated the Maharashtra Unauthorized Institutions and
Unauthorized  Courses  of  Study  in  Agriculture,  Animal  and  Fishery
Sciences, Health Sciences, Higher, Technical and Vocational Education
(Prohibition) Ordinance, 2013, on the 11th July 2013 ;

Mah.
Ord.
XIII of
2013.

AND WHEREAS   it is expendient to replace the said Ordinance by
an Act of the State Legislature; it is hereby enacted in the Sixty-fourth
Year of the Republic of India, as follows :—

CHAPTER I
PRELIMINARY

1.

(1)  This  Act  may  be  called  the  Maharashtra  Unauthorized
Institutions and Unauthorized Courses of Study in Agriculture, Animal
and Fishery Sciences, Health Sciences, Higher, Technical and Vocational
Education (Prohibition) Act, 2013.

Short title and
commencement.

1 For Statement of Objects and Reasons (in English) see Maharashtra Government
Gazette, Part V-A, Extraordinary No. 124, dated the  23rd July 2013, at page 10.

2

The  Maharashtra  Unauthorized  Institution  and
Unauthorized  Courses  of  Study  in  Agriculture,
Animal  and  Fishery  Sciences,  Health  Sciences,  Higher,
Technical  and  Vocational  Education  (Prohibition)  Act,  2013

[2013 : Mah. XX

(2) It shall be deemed to have come into force on the 11th July 2013.

Definitions.

2.

In this Act, unless the context otherwise requires,—

(a) “Agriculture  Education”  means  the  education  relating  to
agriculture  within  the  meaning  of  clause  (b)  of  section  2  of  the
Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983
and includes such other programmes or courses of study as may be
declared  by  the  Government  to  be  the  programmes  or  courses  of
study in Agriculture Education ;

(b)  “Agricultural  Educational  Institution”  means  an  Institution
which offers programmes or courses of study in Agriculture Education
but does not include any university established by or under any law
for the time being in force ;

(c) “  Animal  and  Fishery  Sciences  Education”  means  the
programmes  or  courses  of  study  in  Animal  and  Fishery  Sciences
within the meaning  of clause (17) of  section 2 of  the Maharashtra
Animal and Fishery Sciences University Act, 1998, and includes such
other  programmes  or  courses  of  study  as  may  be  declared  by  the
Government  to  be  the  programmes  or  courses  of  study  in  Animal
and Fishery Sciences Education ;

(d) “Animal and Fishery Sciences Educational Institution” means
an  Institution  offering  programmes  or  courses  of  study  in  Animal
and Fishery Sciences, but does not include any university established
by or under any law for the time being in force ;

(e) “Appellate    Authority”      means    an    Appellate  Authority

appointed under section 7 ;

(f)  “appropriate  authority”  means  any authority established by

or under,—

Mah.
XLI of
1983.

Mah.
XVII of
1998.

(i) the Indian Nursing Council Act, 1947,
(ii) the Dentists Act, 1948,
(iii) the Indian Medical Council Act, 1956,
(iv) Indian Medicine Central Council Act, 1970,
(v) the Indira Gandhi National Open University Act, 1985,
(vi) the All India Council for Technical Education Act, 1987,
(vii) the National Council for Teacher Education Act, 1993,
(viii)  an  Agricultural  University  constituted  under  the
Maharashtra  Agricultural  Universities  (Krishi  Vidyapeeths)
Act, 1983,

(ix)  the Yashwantrao Chavan Maharashtra Open University

Act, 1989,

(x)  an  university  constituted  under  the  Maharashtra

Universities Act, 1994,

(xi)   the   Maharashtra   State   Board   for  Technical Education

Act, 1997,

48 of 1947.

16 of 1948.

102 of 1956.

48 of 1970.

50  of 1985.

52  of 1987.

73  of 1993.

Mah. XLI
of 1983.

Mah.  XX
of  1989.

Mah.
XXXV  of
1994.
Mah.
XXXVIII  of
1997.

Mah.
XVII  of
1998.

Mah. X
of  1999.

Mah. X
of  1999.

Mah. X
of  1999.

2013 : Mah. XX]

The  Maharashtra  Unauthorized  Institution  and
Unauthorized  Courses  of  Study  in  Agriculture,
Animal  and  Fishery  Sciences,  Health  Sciences,  Higher,
Technical  and  Vocational  Education  (Prohibition)  Act,  2013

3

(xii) the Maharashtra Animal and Fisheries Science University

Act, 1998, or

(xiii) Maharashtra University of Health Sciences Act, 1998,
and also includes the National  Council for Vocational Training
established by the Government of India, Ministry of Labour, and
the Maharashtra State Board of Vocational Education established
by the Government and any other officer or authority, as may be
notified  by  the  Government  to  be  an  appropriate  authority  in
respect of any programme or course of study;

(g) “certificate course” in relation to the programmes or courses
of  study  in  Health  Sciences  means  a  programme  or  self-designed
course of study designed by the Maharashtra University of Health
Sciences  established  under  the  Maharashtra  University  of  Health
Sciences Act, 1998, and in relation to any other programme or course
of  study  by  an  Educational  Institution,  means  the  programme  or
course the duration of which is below one year ;

(h)  “  Competent  Authority”  means  the  Competent  Authority

appointed under section 5 ;

(i)  “Educational    Institution”    means  an    Institution  conducting
programmes or courses of study in Agriculture, Animal and Fishery
Sciences,  Health  Sciences,  Higher  Education,  Industrial  Training
Institute and Industrial Training Centre, Technical Education or, as
the case may be, Vocational Education;

(j) “Government” means the Government of Maharashtra ;

(k) “Health Sciences” means the programmes or courses of study
or research in Health Sciences within the meaning of clause (17) of
section 2 of the Maharashtra University of Health Sciences Act, 1998
and includes such other programmes or courses of study as may be
declared  by  the  Government  to  be  the  programmes  or  courses  of
study in Health Sciences ;

(l) “Health Sciences Educational Institution” means an Institution
which offers programmes or courses of study in Health Sciences, but
does not include any university established by or under any law for
the time being in force ;

(m) “Higher Education” means programmes, courses of study or
research and training in Higher Education such as Arts, Commerce,
Science, Law and Management and includes such other programmes,
courses of study or areas of knowledge, as the case may be, declared
by  the  Government  to  be  the  programmes  or  courses  of  study  or
areas of knowledge in Higher Education ;

(n) “Higher Educational Institution” means an Institution which
offers programmes or courses of study in Higher Education, but does
not include any university established by or under any law for the
time being in force ;

(G.C.P.)  H  4047—2  (4,742—3-2015)

4

The  Maharashtra  Unauthorized  Institution  and
Unauthorized  Courses  of  Study  in  Agriculture,
Animal  and  Fishery  Sciences,  Health  Sciences,  Higher,
Technical  and  Vocational  Education  (Prohibition)  Act,  2013

[2013 : Mah. XX

(o) “Industrial Training” means the training which generates work

force as the field need of various industries;

(p)   “Industrial Training Institute and Industrial Training Centre”
means the Institutes or Centres which imparts Industrial Training
and  approved  by  the  National  Council  for  Vocational  Training,
Government of India, Ministry of Labour;

(q) “prescribed” means prescribed by rules made under this Act;
(r)  “Technical  Education”  means  the  programmes  or  courses  of
study and research and training in education, such as engineering,
technology, architecture, town planning, pharmacy and applied arts
and crafts and includes any other programmes or courses of study
as  may  be  declared    by  the  Government  of  India  to  be  the
programmes or courses of study in Technical Education;

(s) “Technical Educational Institution” means an Institution which
offers  programmes  or  courses  of  study  or  learning  in  Technical
Education, but does not include any university established by or under
any law for the time being in force ;

(t) “unauthorized course” means the programme or course of study

which is not approved by the appropriate authority;

(u) “unauthorized institution” means the Educational Institution

which is not approved by the appropriate authority ;

(v) “Vocational Education” means the programmes or courses of
study which impart knowledge and skill development in the fields of
engineering, para-Health Sciences, commerce, agriculture, fisheries,
dairy  and  veterinary  for  generation  of  employment  or  self-
employment and includes any other programmes or courses of study
as  may  be  declared  by  the  Government  to  be  the  programmes  or
courses of study in Vocational Education ;

(w) “Vocational Educational Institution” means an Institution which
offers programmes or courses of study in Vocational Education, but
does not include any university established by or under any law for
the time being in force.

CHAPTER II

PROHIBITION OF ESTABLISHMENT OF UNAUTHORIZED INSTITUTIONS AND
INTRODUCING UNAUTHORIZED COURSES

Prohibition  of
establishment of
unauthorized
institutions and
introducing
unauthorized
courses.

3.

(1)  No  person  shall  establish  or  cause  to  be  established  or
conduct,  an  Educational  Institution,    without    prior  approval    of  the
appropriate authority.

(2) No person or an Educational Institution shall introduce or cause
to  be  introduced  or  conduct  a  programme  or  course      of      study      in
Agriculture,   Animal   and   Fishery Sciences, Health  Sciences,  Higher
Education,  Technical Education or Vocational Education, without prior
approval of the appropriate authority.

2013 : Mah. XX]

The  Maharashtra  Unauthorized  Institution  and
Unauthorized  Courses  of  Study  in  Agriculture,
Animal  and  Fishery  Sciences,  Health  Sciences,  Higher,
Technical  and  Vocational  Education  (Prohibition)  Act,  2013

5

(3) No  person  or  an  Educational  Institution  other  than  the
Institution approved by the Yashwantrao Chavan Maharashtra Open
University,   constituted   under  the Yashwantrao Chavan Maharashtra
Open University Act, 1989, shall conduct their programmes or courses
of study or any study centre in the State of Maharashtra, without prior
consultation with the Government.

Mah.
XX of
1989.

4. No person or any Educational Institution shall publish or cause
to be published, or arrange or take part in the publication or exhibition
of  any  advertisement  relating  to  such  Educational  Institution  or
programmes  or  courses  of  study  conducted  in  such  Educational
Institution  or  centre  which  he  knows    or  believes  to  be  not  true,
intending thereby to cause or knowing it to be likely to make another
person believe that the said Educational Institution or programme or
course of study is approved by the appropriate authority.

Prohibition
regarding
certain
advertisements.

CHAPTER III
AUTHORITIES

5. The  Government  may,  by  notification  in  the Official  Gazette,
appoint an officer holding the post not below the rank of Deputy Director
to be the Competent Authority for the purposes of this Act and different
officers may be appointed for different Educational Institutions and for
different programmes or courses of study.

Competent
Authority.

Powers and
functions of
Competent
Authority.

6.

(1)  If  the  Competent  Authority,  on  the  basis  of  any  complaint
filed  before  him  or  otherwise,  is  satisfied  that  any  Educational
Institution  is  established  or  any  programme  or  course  of  study  is
introduced or conducted in contravention of the provisions of sub-section
(1)  or  (2)  of  section  3,  he  may,  by  order,  direct  the  closure  of  such
Educational  Institution  or  programme  or  course  of  study,  with
immediate effect :

Provided that, the Competent Authority shall, before passing any such
order,  give  the  concerned  person  or  Educational  Institution,  a
reasonable opportunity of being heard.

(2) While  directing  the  closure  of  unauthorized  institution  or
unauthorized programme or course of study under  sub-section (1), the
Competent  Authority  may direct the Institution and the persons in
charge of the management of such Institution or programme or course,
to return to the students who have taken admission therein, the fees
and other sums or charges paid for the purpose of the admission.

(3) The  Competent  Authority  shall  also  publish  or  cause  to  be
published the names of the unauthorized institutions or programmes
or courses of study in local newspapers having wide circulation and also
by such other means including electronic media, as he may deem fit,
so that the general public or students may avoid taking of admission
in such Institutions or programmes or courses of study.

H  4047—2a

6

The  Maharashtra  Unauthorized  Institution  and
Unauthorized  Courses  of  Study  in  Agriculture,
Animal  and  Fishery  Sciences,  Health  Sciences,  Higher,
Technical  and  Vocational  Education  (Prohibition)  Act,  2013

[2013 : Mah. XX

(4) In addition to the order for closure of unauthorized institutions
or programmes or courses of study under sub-section (1), the Competent
Authority  may  impose  upon  the  institution  and  any  other  person  in
charge of the management of such institution or programme or course
of  study  which  is  an  unauthorized  institution  or  which  offers
unauthorized programme or course, a penalty which shall not be less
than one lakh rupees but which may extend to five lakhs rupees.

(5) The Competent Authority may exercise such other powers and

perform such other functions as may be prescribed.

(6) The  procedure to  be followed  by the  Competent Authority for
exercising his powers and discharging his functions under the Act shall
be such as may be prescribed.

Appellate
Authority.

7. The  Government  may,  by  notification  in  the Official  Gazette,
appoint  an  officer  not  below  the  rank  of  Deputy  Secretary  to
Government, to be the Appellate Authority for the purposes of this Act
and  different  officers  may  be  appointed  for  different  Educational
Institutions, programmes or courses of study.

Appeals.

8.

(1)  Any  person  or  an  Educational Institution  aggrieved  by  an
order of the Competent Authority may, within the period of fifteen days
from the date of the order of the Competent Authority, prefer an appeal
before the Appellate Authority :

Provided that, the Appellate Authority may condone the delay in filing
the appeal beyond the said period of fifteen days, if he is satisfied that,
the appellant was prevented from filing the appeal due to circumstances
beyond his control.

(2) The  procedure  to  be  followed  by  the  Appellate  Authority  in

deciding the appeal shall be such as may be prescribed.

(3) Every order or decision of the Appellate Authority in appeal shall

be final.

CHAPTER IV
OFFENCES AND PENALTIES

Offences.

9. Contravention of any of the provisions of sections 3 and 4 shall

be an offence.

Punishments.

10.

(1) Any person who contravenes the provisions of sub­section
(1) or (2) of section 3 shall, on conviction, be punished with imprisonment
for  a term  which may  extend to  one  year or  with a  fine, which  shall
not  be  less  than  one  lakh  rupees  but  which  may  extend  to  five  lakh
rupees or with both.

(2) Any person or an Educational Institution, who contravenes the
provisions of sub-section (3) of section 3, shall, on conviction, be punished
with  a  fine,  which  shall  not  be  less  than  one  lakh  rupees  but  which
may extend to five lakh rupees.

Offences  by
companies.

2013 : Mah. XX]

The  Maharashtra  Unauthorized  Institution  and
Unauthorized  Courses  of  Study  in  Agriculture,
Animal  and  Fishery  Sciences,  Health  Sciences,  Higher,
Technical  and  Vocational  Education  (Prohibition)  Act,  2013

7

(3) Any  person  or  an  Educational  Institution  who  contravens  the
provisions  of  section  4,  shall,  on  conviction,  be  punished  with  a  fine,
which shall not be less than fifty thousand rupees  but which  may extend
to one  lakh rupees.

11.

(1) Where an offence under this Act has been committed by a
company,  every  person,  who,  at  the  time  when  the  offence  was
committed was in charge of, and was responsible to the company for
the conduct of the business of the  company, as well as the company,
shall  be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be
proceeded against and punished accordingly :

Provided that, nothing contained in this sub-section shall render any
such person liable to any punishment, if he proves that the offence was
committed  without  his  knowledge  or  that  he  had  exercised  all  due
diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an
offence  under  this  Act  has  been  committed  by  a  company,  and  it  is
proved  that  the  offence  has  been  committed  with  the  consent  or
connivance  of,  or  is  attributable  to  any  neglect  on  the  part  of,  any
director,  manager,  secretary  or  other  officer  of  the  company,  such
director,  manager,  secretary  or  other  officer  shall  also  be  deemed  to
be guilty of the offence and shall be liable to be proceeded and punished
accordingly.

Explanation.—For the purposes of this section,—

(a) “company” means a body corporate and includes a firm  or other
association  of persons or body of individuals, whether incorporated
or not; and

(b) “Director” in relation to a firm, means a partner in the firm,
and in relation to any association of persons or body of individuals,
means any member controlling the affairs thereof.

CHAPTER V
MISCELLANEOUS

12. The  Competent  Authority  and  the  Appellate  Authority  shall
have,  for  the  purposes  of  discharging  their  functions  under  this  Act,
the  same  powers  as  are  vested  in  the  Civil  Court  under  the  Code  of
Civil  Procedure,  1908,  while  trying  a  suit  in  respect  of  the  following
matters, namely:-—

Competent
Authority  and
Appellate
Authority  to
have  powers  of
Civil Court.

5  of
1908.

(i) summoning and enforcing the attendance of the complainant,
students  and  representatives  of  the  Educational  Institutions  and
examining them on oath ;

(ii) requiring the discovery and production of documents ;
(iii) receiving evidence on affidavits ;
(iv)   requisitioning, subject  to  the   provisions   of sections 123
and 124 of the Indian Evidence Act, any public record or document
or copy of such record or document from any office ;

1  of
1872.

8

The  Maharashtra  Unauthorized  Institution  and
Unauthorized  Courses  of  Study  in  Agriculture,
Animal  and  Fishery  Sciences,  Health  Sciences,  Higher,
Technical  and  Vocational  Education  (Prohibition)  Act,  2013

[2013 : Mah. XX

(v) issuing    commissions    for  the    examination  of  witnesses  or

documents ;

(vi) reviewing their own decisions;
(vii) any other matter which may be prescribed.

Code  for
advertising  of
Educational
Institutions  or
programmes  or
courses  of
study.

13.

(1) Every Educational Institution shall follow the self-imposed
discipline required under the Advertising Council of India Code for self-
regulation in advertising.

(2) Without  prejudice  to  the  generality  of  the  provisions  of  sub-
section (1), the Educational Institutions shall, while advertising, follow
the following norms :—

(i) an  advertisement  offering  a  degree  or  diploma  or  certificate
which is required by law to be accredited, recognised, approved or
endorsed by an institute or an authority shall specify the name of
the  institute  or  an  authority  which  has  accredited,  recognised,
approved or endorsed the course ;

(ii) in case the Educational Institution making the advertisement
or the programme or course of study for which the advertisement is
issued,  is  not  accredited,  recognised  or  approved  by  any  authority
from which such accreditation, recognition or approval is needed, but
is  affiliated  to  another  institution  which  has  received  such
accreditation, recognition or approval from the requisite authority,
then the advertisement shall state the full name and location of the
such Educational Institution to which it is affiliated ;

(iii)  in  case  the  Educational  Institution  is  affiliated  to  another
Educational Institution, as is described in clause (ii) above, then fonts
and logo if any and the graphical images of the Educational Institution
making  the  advertisement, in  the  print  as  well  as audio  or  audio-
visual-media  shall  be  of  the  same  size  as  that  of  the  Educational
Institution to which it is affiliated ;

(iv) the advertisement shall not state or lead the reader to believe
that,  the  enrolment  in  the  Educational  Institution  or  to  the
programmes or courses of study will provide the student with job,
temporary  or  permanent,  or  job  promotions,  or  increase  in  the
salary, and the like, unless the person issuing the advertisement is
able to substantiate his claim in such advertisement ;

(v)  the  advertisement  shall  not  make  any  claim  of  whatsoever,
regarding the extent of the batch  placed, highest or average marks
or  gradation and ranking obtained by a student, obtaining admissions
to other educational institutions, testimonials of students, affiliation
to  foreign  institution,  and  the  like,  unless  the  person  making  the
advertisement  is  able  to  substantiate  the  claims  made  in  such
advertisement.

2013 : Mah. XX]

The  Maharashtra  Unauthorized  Institution  and
Unauthorized  Courses  of  Study  in  Agriculture,
Animal  and  Fishery  Sciences,  Health  Sciences,  Higher,
Technical  and  Vocational  Education  (Prohibition)  Act,  2013

9

14. The  penalty  levied  by  the  Competent  Authority  under
sub-section (4) of section 6, unless paid to the Competent Authority may
be recovered as an arrear of land revenue.

15. Any Educational Institution may conduct a certificate course :
Provided that, the nomenclature of such course shall not be similar

to the  courses approved by the appropriate authority.

16.   No suit, prosecution or other legal proceedings shall lie against
the Competent Authority or the Appellate Authority, for anything  which
is  done,  or  intended  to  be  done  in  good  faith  under  this  Act,  or  any
rule, order or instrument made under this Act.

45  of
1860.

17. Every    Competent  Authority  and    every  Appellate  Authority
appointed under this Act shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code.

18.

(1) The State Government may, by notification in the Official

Gazette, make rules to carry out the purposes of this Act.

(2) Except  when  the  rules  are  made  for  the  first  time,  every  rule
made  under  this  Act  shall  be  subject  to  the  condition  of  previous
publication.

(3) Every rule made under this Act shall be laid, as soon as may be,
after it is made, before each House of the State Legislature, while it is
in session for a total period of thirty days which may be comprised in
one session or in two successive sessions, and if, before the expiry of
the session in which it is so laid or the session immediately following,
both  Houses  agree  in  making  any  modification  in  the  rule  or  both
Houses agree that the rule should not be made, and notify such decision
in the Official Gazette, the  rule  shall,  from  the  date  of  publication
of such notification, have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything done
or omitted to be done under that rule.

19. The  provisions  of  this  Act  shall  be  in  addition  to,  and  not  in
derogation of, the provisions of any other law for the time being in force.

20.

(1) If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, as the occasion requires, by order
published in the Official Gazette, do anything not inconsistent with the
provisions of this Act, which appears to it to be necessary and expedient
for the purpose of removing the difficulty :

Provided that, no such order shall be made after expiry of a period

of two years from the date of commencement of this Act.

Recovery  of
penalty as
arrear  of  land
revenue.

Saving in
respect  of
certificate
courses.

Protection  of
action  taken  in
good  faith.

Competent
Authority,  etc.,
to be public
servants.

Power  to  make
rules.

Act to be in
addition to and
not in
derogation  of
any  other  law.

Power  to
remove
difficulty.

10

The  Maharashtra  Unauthorized  Institution  and
Unauthorized  Courses  of  Study  in  Agriculture,
Animal  and  Fishery  Sciences,  Health  Sciences,  Higher,
Technical  and  Vocational  Education  (Prohibition)  Act,  2013

[2013 : Mah. XX

(2) Every order made under sub-section (1) shall be laid, as soon as
may be, after it is made, before each House of the State Legislature.

Repeal  of  Mah.
Ord. XIII of
2013 and
saving.

21.

(1) The  Maharashtra  Unauthorized  Institutions  and
Unauthorized  Courses  of  Study  in  Agriculture,  Animal  and  Fishery
Sciences, Health Sciences, Higher, Technical and Vocational Education
(Prohibition) Ordinance, 2013, is hereby repealed.

Mah.
Ord. XIII
of  2013.

(2) Notwithstanding such repeal, anything done or any action taken
(including any notification or order issued, or appointment made) under
the said Ordinance shall be deemed to have been done, taken or made,
as the case may be, under the corresponding provisions of this Act.

GOVERNMENT CENTRAL PRESS, MUMBAI

2014: Mah. VI]

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA STATE
Netaji Subhash Road, MUMBAI 400 004.
Phone : 2363 26 93
2363 11 48

2363 06 95,
 2363 40 49

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 261 25 808, 261 24 759, 261 28 920

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 256 26 15

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 265 03 95, 265 04 02

AND THE RECOGNISED BOOKSELLERS

